Wyandotte Industries v. E.Y. Neill & Co. (In Re First Hartford Corp.)

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

TINA L. BROZMAN, Bankruptcy Judge.

First Hartford Corporation (“FHC”), the plaintiff and debtor in possession, commenced an adversary proceeding against E.Y. Neill & Company (“E.Y. Neill”) seeking damages caused by the claimed late delivery of allegedly unmerchantable fine super Australian scoured lamb’s wool. De fendant urges that the wool was not delivered late, that it was in fact merchantable and that, in any event, FHC cannot prevail because of its failure to notify E.Y. Neill of the alleged unmerchantability within a reasonable period of…